Arbitration Act 1965 Archives

Cancelling arbitration agreement: Consequences?

by GilesFiles | Apr 11, 2023 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Construction industry, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Selected judges, Statutory, Topics | 0 |

GR Sutherland and Associates (Pty) Ltd v V&A Waterfront Holdings (Pty) Ltd In cancelling an arbitration agreement what are the chances that a party will be exposed to prejudicial ‘procedural jockeying’? “[39] All...

Private arbitration award: Service level agreement

by GilesFiles | Sep 22, 2022 | 2020 onwards, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private arbitration, Private enterprises, Review tests, Sectors, Statutory, Topics, Trade unions | 0 |

Samwu v Imbeu Development and Project Management (Pty) Ltd When does a private arbitration award stray outside the ambit of what the arbitration agreement authorised in the arbitration? “61. In summary, in my view, the...

Arbitration governing clauses: Licence agreements replaced

by GilesFiles | May 17, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

Disputed arbitration agreement: Adopt robust approach

by GilesFiles | Dec 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, DN Unterhalter, Evidence & onus, General, HC Uniform, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

Reviewing private award: Wrong conclusions?

by GilesFiles | Jul 26, 2021 | 2020 onwards, Courts, Evidence & onus, Government, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Municipal, Orders, Parties, Private arbitration, Resolving disputes (LRL 3), Review tests, Sean Snyman, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitration agreement disputed: Jurisdiction and powers?

by GilesFiles | Jun 22, 2021 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Roman Dutch law, Special pleas, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitration costs disputed: Absence of agreement

by GilesFiles | Jun 21, 2021 | 2020 onwards, Applications, Causes and defences, Courts, General, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Parties, Personal services, Private enterprises, Sectors, Special pleas, Topics | 0 |

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

Lodging grievance considered: Not automatically unfair

by GilesFiles | Mar 25, 2021 | 2020 onwards, AUD, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Resolving disputes (LRL 3), Risks, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitration award binding: Right to be wrong

by GilesFiles | Dec 2, 2020 | 2020 onwards, Agriculture, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Judges, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private arbitration, Private enterprises, Review tests, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Latent gross irregularity: Private arbitration award

by GilesFiles | Apr 3, 2019 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Hearing procedure, Hearsay, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Misconduct & incapacity, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitration clause exclusion: Proceedings for eviction

by GilesFiles | Nov 8, 2018 | 2018, A G Binns-Ward, Applications, Courts, Eviction/ejectment, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Orders, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitration defence exercised: Common law rights?

by GilesFiles | Jun 14, 2018 | 2018, business rescue, Causes and defences, Courts, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, RM Keightley, Topics | 0 |

Coalcor Mining (Pty) Ltd v Islandsite Investments 108 (Pty) Ltd Arbitration defence exercised: The high court respected the right to refer the dispute to private arbitration because parties are entitled to determine what matters...

Tag: Arbitration Act 1965